The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-30
LEGAL MACHINERY ESrAB.
LISHED TO PREVENT STRIKES.
lis Extent and Capacity for the Pur.
poses Intended-How II
Works.
PERMAEENCY AND WORK OF
THESE ESTABLISHMENTS.
No Power 10 Act Until a Case is Vol
unfairly Submitted by Par.
ties Concerned.
IspEorAL TO TIE ArrELL.l

*
tation of recent years has had a muct
larger influence on the shaping O
laws than Is generally thought, espe
cially in the direction OF providing ma
chinery for arbitration. Six Statel
within four years have established
tribunals 10 conduct arbitration. Mos
Of these have been created within two
years, and two States, within the lat
tor period, have established State
boards with sslaried members and im
poTtsnt powers. The rapid extension
Of ,his form of industrial regulation
and the decided tendency IL is already
maniiesting 10 become an actual inter
ference with the employers manage.
mont OF his own business, is likely &c
prove the most radical departure vel
made from the time honored policy
OF fsliglously maintaining the separa
tion OF State aud industry. II the
present tendency TO regulate the eco
pomio activities by government be,
comes an accepted policy, II will be
because, with natural resources appro.
pIiatedand great working popnls.
ton depending wholly on wages, in.
dustrial conditions have themselves
undergone radical change. The only
question the average voter will ask
about State arbitration ard the amount
and kind Of power the board OF arbi-
tgalon should exercise, will be the
purely practical question,
HOW DOES IT WORK?
The tribunals 80 for created are OF
three types and OF various degrees Of
authority. The simplest type ia To-
cal beard brought into existence In an
official way for specific, temporary
decision, with which II expires. The
local board provided for by the New
jersey law OF 1850 Ia the best example
Of this type. II is constituted by the
agreement Of an employer and his own
employees, each party selecting one
arbitrator and those two third. 1t
aSbltrates the single case for which IL
was formed and then expires, unless
Il 10 selected to hear some other dis
pute slso. lite dtcision Ia fual on the
questions submitted and binding. An.
other type is the local board created
for certain psriod and authorised to
hear any case properly brought before
II within that time. The Ohio law of
1885 provides for tribunals Of this
kind, each continuing in existence
one year from the date OF the license
creating II aud being empowered To
take jurisdiction OF any dispute be-
tween employers and workmen within
that time, whether brought before 1t
by the parties that originally petition
ed for the tribunal or by others, or
even by parties from another county
where no such tribunal exists. The
third type is the permanent State
board, composed OF BalRried members
appointed for definite terms aud em-
pc wered 10 hear cases anywhere with
In the commonwealth. Such boards
were created in New York and Masra.
Ihusetts In 1885. Local boards also are
provided for In these States,
In Pennsylvania, Kansas, New York
and Massachusetts, the local tribunal
approach either the New Jersey or the
Ohio type, with some distinctive fea.
lures in each State. In assaohusetta
as In New Jersey, the local board Ia |
constituted by the mere agreement OF |
The parties interested. In the other |
States named 1t derives its authority |
rom a county or other local court. |
The Pennsylvania boards are formed. |
according to the Wallace act OF 1883. |
under licences issuing from courts OF
Common Pleas upon the petition of
i've employers and fifty workmen.
Ehs procedure is similar in kansas
and Ohio, but in Nav York the board
3 formed first and then gets its licenaa
hom the judge of the county court.
The composition OF the board Ia In
al cahes prescribed by law. In Penn.
5ylvania, Ohio and Kansas there must
be an equal representation of employ
oTs and woTkmen, the nameo of the
pereons selected being given in The
petition to the court. II there ia a
diRagl cement the CAGE goes to an UNI.
pire, the law wieely providing that
The umpire shall be named before the
begins. Ia Massachusetta
As in New Jersey, each party selects |
an arbitrator and those two a third.
Ne~ ycrk recognizes the labor or. |
gar zations. The local board consists |
Of i've persons. When the employees
represented are members In good |
OF an organization that Ia
represented by delegates in central |
eody dixie the Central Labor Union
81 New York Clty) that body names
Two arbitrators. II the employees be. |
long to no organization they choose
their two arbitrators themselves by a 4
majority vote. Two arbitrators are |
named by the employer or employers |
and the four 80 selected choose the |
nth. Thore is q close relation be-. |
tween the degrees OF
PRRMANAKcy THnR TRIBUNAIa
are expected 20 enjoy and the mappi-
Iudo OF lhe cases presumed to come
oefore them. Ia Asssachusetts, for
exsmple, where = single employer
81 aeK many ee twenty man
may jim with them IN orea,inS 4
Iegol tribunal the tribuI al eeaso1 10
sxist when Il renders lis decjsion' In
PennsylvsDls, on the other hand ths
expectation of the iIauerH OF bs Ia
MSS thst the tribunal would hs c,n
alsd only TO deal with disputes invSiv-
Ing large interests, since Ave an,nl,,v.
Or and fifty wurkmen must ioinif AZ
petition TO the court, and when ~
tribunal 10 created Il may continual ~
for the same parties indes
nitely. 10 Ohio the petition must -.
signed by forty workmen aud four en-
ployers, or by four employers employ
ing not less than ten men each, or nv
cpe employer Of st least forty men
and the tribunal, az we have seen, ext |
sta for . year. |
None OF these bosrda have spl |
power to &C. until case is yoluntNnik |
submitted, by specifications in wlF
ng, by the parties to the disuulo
Then the procedure is with legal t.
nslity. The decision Is fuRl P5
ln1iog In New jersey, Ohio W. o99
kaGsCe In Ohio the decision al nv
nnpire is made matter OF record - -
be Caanty Court, whsnce ludgu'ort
md procefs may issue 10 Ell I rec M ~ ~
Massachusetts, o decision las hstr ~
effect has been agreed upo ~
oIe aud. A Pennsylvania umpire 40
dsiOR is binding In all matters w.
1tufs wages. That becomes bid linn